Erin McLane v. HHS - Tdap, left shoulder injuries (2018)

Erin McLane filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on February 3, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that petitioner was entitled to compensation.

The respondent stated that McLane's left shoulder injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused in fact by the Tdap vaccine. The respondent did not identify any other causes for the injury and noted that McLane suffered the sequelae of her injury for more than six months.

Based on the respondent's concession and the evidence of record, the Chief Special Master found McLane entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, indicating that McLane should be awarded $132,500.00, which represented all elements of compensation to which she would be entitled under the Vaccine Act.

McLane agreed with the proffered award. The court awarded McLane a lump sum payment of $132,500.00 in the form of a check payable to her, representing compensation for all damages.